Vanstone v. Whitelaw

DREW, Justice.

This is an appeal from an order of the circuit court denying a motion for summary judgment based on constitutional grounds which appellants, defendants below, filed with their answer to the complaint.

The action was, in effect, one for abatement of a nuisance on real property located in this State.1 The prayer of the complaint was in the alternative, seeking receivership in the event the defendants, nonresident owners of a small island adjacent to plaintiffs’ waterfront homes, could not be required by direct mandatory injunction to remove part or all of some thirty feet of sand…